On June 27, 2006, U.S. Citizenship and Immigration Services (USCIS) announced that as of June 23, 2006, they have receipted 11,918 H-1B petitions eligible for the 20,000 Advanced Degree Exemption category ("mini-cap" H-1Bs).  In addition, an estimated 800 petitions awaited data entry as of that date.  These numbers mean that USCIS has received nearly two thousand petitions during the three day period June 20, 2006 - June 23, 2006 and is a clear indication that these numbers are going fast and that the H-1B mini-cap may soon be reached.  You can view the cap count here:  http://uscis.gov/graphics/services/tempbenefits/cap.htm.

At this time, it is absolutely urgent that employers act quickly to file H-1B petitions for persons eligible under this category.  While the regular H-1B cap for FY2007 was reached on May 26, 2006, USCIS did not announce that the regular cap was reached until June 1, 2006.  Therefore, it is likely that there will be no advance notice when the H-1B min-cap is reached.

Again, Jackson & Hertogs advises employers to immediately file H-1B petitions for any foreign workers with U.S. advanced degrees who do not have employment authorization beyond October 1, 2007.  The only exception would be for those foreign hires who already hold H-1B status and have already been counted against the H-1B cap.  (Note: those in H-1B status working for universities or non-profit research facilities have likely not had their H-1B visas count against the cap, and thus likely remain subject to the H-1B cap if they wish to change to an employer who is subject to the cap. I.e., if an individual moves from a cap exempt employer to a cap subject employer, the individual would be cap subject even if s/he is already "in" H-1B status.)  Once this fiscal year's H-1B cap is reached, new H-1B petitions will not be accepted by the USCIS until April 1, 2007, and the earliest start date that will be available on those petitions will be October 1, 2007.

If you believe that you have any employees or would-be employees who need H-1B status for FY2007, please contact our office without delay.

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